Spouse status after I-485 filing

F

fronty

New Member
My I-140 has been approved under the EB-1 (alien of extraordinary ability - employer independent) category. My wife, who is on H1-B, is considering quitting work, and switching to H4.

My question is - if we file the I-485 while she is still on H-1B, would she remain in status after she quits her job (based on the fact that the I-485 is pending), or does she have to switch to H4 until the EAD gets approved?

Any help would be appreciated. Thanks!
 
No Title

Once you file for her 485, she is in "pending adjustment" status irrespective of her H classification.
 
she can stay

your spouse can stay in the country - LEGALLY whether doing a job or not, until the decision of the 485 application is reached.

The EAD is a mere requirement to do the job while 485 is pending. If you have H-1, you may continue to use it and not spend for EAD, unless you want to change the employer and don\'t want to wait for the new H-1B to arrive.
 
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